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(영문) 창원지방법원 2016.02.17 2015고정1284

도로법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the modern Track.

If it is necessary to preserve road structure and prevent any danger caused by the operation of vehicles on the road, a road management agency may restrict the operation of vehicles on the road, as prescribed by Presidential Decree, and may have relevant public officials take a vehicle or request the driver of the vehicle to submit related documents in order to verify whether restrictions on the operation have been violated.

In such cases, the driver of a vehicle shall comply with such request except in extenuating circumstances.

Nevertheless, the Defendant, at around 19:50 on May 28, 2015, failed to comply with a request for the measurement of loaded quantity by the road management agency without justifiable grounds while on the 6 axiss in excess of 12.85 tons of gross weight, 45.90 tons of gross weight, 3.15 meters in width, at the control station for vehicles moving on the 2nd line of the national highways located in the Yegjin-gu, Jing-gu, Jinsan-si, Jinsan-si (hereinafter referred to as the "finite"), at around 19:50 on May 28, 2015, the Defendant loaded the cargo on the cream (the Defendant’s act of not complying with the request for the measurement of loaded quantity by the road management agency, but the Defendant’s act of not complying with the request for the measurement of loaded quantity by failing to present his/her license. Thus, the Defendant’s act of not complying with the request for the measurement of his/her status.

1. Partial statement of the defendant;

1. A report on detection of vehicles violating restrictions on operation;

1. Application of enforcement manual statutes;

1. Article 115 of the Act and Articles 115 subparagraph 4 and 77 (4) of the Act on the Roads of which punishment is selected for facts constituting an offense;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.